Immigration
Definition
The process by which a U.S. employer formally petitions for a foreign national's work authorization or immigrant visa, accepting legal and financial responsibility for the worker's status.
Visa sponsorship refers to an employer's commitment to support a foreign national's work visa or permanent residence petition, acting as the petitioner in the immigration process. For nonimmigrant work visas like the H-1B, the employer files the petition (Form I-129) on behalf of the worker. For employment-based green cards, sponsorship typically involves completing a PERM labor certification, filing an I-140 immigrant petition, and in some cases paying the costs associated with the green card process.
Sponsoring an employee is a legal undertaking with meaningful obligations. For H-1B workers, the employer must pay the required wage (the higher of the prevailing wage and the actual wage paid to similarly situated workers), cover certain filing fees, and pay the return transportation costs if the employee is terminated before their visa expires. For permanent residence through EB-2 or EB-3 categories, the employer attests that the position is permanent and full-time and that no qualified U.S. workers were available.
The sponsorship relationship does not mean the employer owns the worker's immigration status. H-1B portability rules allow workers to transfer their visa to a new employer who files a new petition, and I-140 portability (AC21) allows workers to change employers after 180 days without losing their priority date. However, the original employer's willingness to file and maintain the petition is critical during the early stages.
Not all visa categories require employer sponsorship. O-1 visas require an employer or agent petitioner, but the EB-1A extraordinary ability green card can be self-petitioned. TN status and some treaty visas rely on employer relationships but are not petitioned in the same way.
Visa sponsorship is a significant legal and financial commitment for employers — and getting it wrong can expose the company to Department of Labor audits, debarment from future sponsorships, or liability for unpaid wages. Many employers underestimate the compliance obligations that accompany H-1B sponsorship in particular.
For growing companies that rely on international talent, a clear immigration strategy — built with an immigration attorney — is essential. Attorneys can advise on which visa categories are available, structure compliant job descriptions and compensation, file petitions correctly, and ensure the employer stays in good standing with USCIS and the DOL throughout the sponsorship period.